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Representative Matters — IP, OHADA & Business Law in Burundi

A selection of recent matters showing how Mavebo has helped entrepreneurs, SMEs, and international investors register trademarks, structure companies, resolve disputes, and expand operations across Burundi, the OHADA region, and the wider East African Community.

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Representative Matters
REPRESENTATIVE MATTERS

Real Work for Real Businesses in Burundi & Beyond

From trademark filings across ARIPO member states to OHADA company formations and cross-border arbitrations, our experience spans the full spectrum of intellectual property, corporate, and commercial matters that growing businesses face in Burundi and the East African region.

INTELLECTUAL PROPERTY · 2025

Pan-African Trademark Protection for an East African Brewery

The Challenge. A regional brewery preparing to launch a flagship beer across East Africa discovered that a competing brand had already filed a similar mark in two ARIPO member states. Without fast, coordinated protection, the client risked losing its brand identity in its most important growth markets.

Our Approach.

  • Conducted a clearance search across all 22 ARIPO member states and identified the conflicting prior filings.
  • Filed a single ARIPO application under the Banjul Protocol covering Burundi, Kenya, Tanzania, Uganda, Rwanda, and 12 additional designated states.
  • Drafted and filed a formal opposition response to the competing mark, citing prior use and distinctiveness.
  • Negotiated a coexistence agreement with the opposing party limited to non-overlapping product classes.

The Outcome. Trademark successfully registered in all 22 ARIPO designated states within 11 months, opposition withdrawn, and a coexistence agreement signed — securing the brewery's pan-African brand identity for the next 10 years (renewable).

Key Legal Issues. ARIPO Banjul Protocol · Trademark opposition · Coexistence agreements · IP enforcement strategy

Property Law

OHADA Corporate Law

The Challenge. A Nairobi-based agritech company wanted to expand its East African footprint by establishing a fully compliant subsidiary in Burundi — including foreign-investment approvals, expatriate work permits, and an operational structure ready in time for the planting season.

Our Approach.

  • Structured a SARL (Société à Responsabilité Limitée) under the OHADA Uniform Act on Commercial Companies, optimizing capital allocation and shareholder protections.
  • Filed the foreign-investment dossier with the Burundi Investment Promotion Authority (API) and secured the investment certificate.
  • Registered the company with the Trade and Personal Property Credit Register (RCCM), tax authorities (OBR), and social security (INSS).
  • Obtained work permits and residence cards for three expatriate managers.

The Outcome. Fully operational subsidiary launched in 6 weeks — from initial mandate to first invoice — with all OHADA and Burundian compliance in place and a board structure ready for future fundraising.

Key Legal Issues. OHADA Uniform Act on Commercial Companies · SARL formation · Foreign direct investment · Expatriate immigration · OBR & INSS compliance

Foreign Investment & Market Entry

Joint Venture Agreement Synergy

The Challenge. A European software company wanted to launch its enterprise SaaS product in Burundi without immediately incorporating a local entity. The client needed a legally compliant route to sell, invoice, and handle customer data while preserving the option to scale into a full subsidiary later.

Our Approach.

  • Assessed three market-entry structures (cross-border licensing, local agent, branch office) against the client's tax, commercial, and operational priorities.
  • Drafted a technology licensing and distribution framework with a Burundian commercial partner, including IP protection, royalty, and termination clauses.
  • Advised on data-protection compliance under Burundian law and the EU GDPR for cross-border data flows.
  • Mapped a 12–18 month transition plan to a full SARL once revenue thresholds were met.

The Outcome. Legal market entry completed in 8 weeks, with regulatory clearances, a signed local-partner agreement, and a clear scaling path that avoided over-investment at the pilot stage.

Key Legal Issues. Technology licensing · Cross-border data transfers · Withholding tax · Distribution agreements · Market-entry strategy

Dispute Resolution & OHADA Arbitration

Regulatory Compliance Audit

The Challenge. A Burundian distributor had paid in advance for a shipment of industrial equipment from a foreign supplier that failed to deliver. Traditional litigation across two jurisdictions threatened to take years; the client needed enforceable recovery as fast as possible.

Our Approach.

  • Invoked the OHADA arbitration clause built into the original supply agreement.
  • Filed for arbitration before the Common Court of Justice and Arbitration (CCJA) in Abidjan and selected the seat of arbitration to optimize enforcement.
  • Prepared documentary evidence, witness statements, and damages calculations totaling USD 1.2M plus interest and costs.
  • Negotiated a partial settlement during proceedings; obtained a full award on the remaining claim.

The Outcome. Final award of USD 1.2M plus costs and interest issued within 11 months of filing. Enforcement was secured across multiple OHADA member states under the CCJA's direct-enforcement regime.

Key Legal Issues. OHADA Uniform Act on Arbitration · CCJA proceedings · Cross-border enforcement · Contractual breach · Damages quantification

ACCREDITED & RECOGNIZED BY
WHY MAVEBO

What Sets Us Apart in Burundi

A specialist boutique with deep local expertise and a regional, bilingual outlook — built for entrepreneurs and investors who need precise answers, not generic legal advice.

Specialist IP & OHADA Expertise

Most Burundian firms are general practice. We are focused specialists in intellectual property, trademark protection, and OHADA business law — the two practice areas that matter most for growing companies."

Bilingual & Regionally Connected

We work in French, English, and Kirundi, and file across all 22 ARIPO member states and 17 OHADA countries. One firm, one team, full regional coverage.

Direct Senior Attention, 48-Hour Response

You work directly with a senior Mavebo attorney from the first call to final filing. Every client query gets a substantive response within 48 hours — guaranteed.

Have a Trademark, Company, or Contract Question?

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